Rule 2.3 – Beginning of Legal Action

May 14, 2021 | Family Law, New Hampshire

A.Petition. All domestic relations actions begin with the filing of a petition. A petition may be jointly filed by both parties.
B.Where to File Petition. New petitions should be filed in the county in which the petitioner lives. If there are multiple family division locations within a county, the petition is properly filed in the family division location for the town in which the petitioner resides, as outlined in RSA 490-D:4. If both parties reside within the same county, the petition may be filed at the family division location for the town of residence of either the petitioner or respondent.
C.Petition Caption. Domestic relations actions shall be entitled “In the matter of …and…”, stating the names of the parties. The first name shall be of the petitioner and the second shall be of the respondent.
D.Petition Type. The subject matter of the petition, such as petition for divorce, shall be stated in the title of the petition.
E. Petition Contents. Petitions filed under these rules shall contain all information required on the petition forms posted on the judicial branch website at www.courts.state.nh.us and available at any family division location.
F.Proper Filing. An action under this section is considered properly filed upon the court’s receipt of a completed individual or joint petition, a personal data sheet, and the correct filing fee.
G.Personal Data Sheet. At the time of any initial filing, the filing party shall, and the responding party may, file a completed personal data sheet. Should a party become aware of any change in addresses, telephone numbers, or employment during the pendency of a case or of any outstanding support order, that party shall notify the court of such change. Access to information contained in the personal data sheet shall be restricted to court personnel, the Office of Child Support, the court-appointed mediator, the guardian ad litem , the parties, and counsel unless a party has requested on the data sheet that it not be disclosed to the other party.
H.Adultery/Co-Respondent. All petitions and cross petitions for divorce or legal separation alleging adultery shall contain the name and address of the person with whom the party is accused of committing adultery, if known, and, if not, a statement to that effect.
I.Re-Opening a Case. After a decree has become final, the case may be re-opened by the filing of a Petition, in the same court and with the same caption as used in the Final Decree. The Petition shall comply with all other sections of this rule.

N.H. R. Cir. Ct. Fam. Div. 2.3

Amended Oct. 17, 2016, eff. Jan. 1, 2017.